Advocate Amit Kumar

Questions Answered by Advocate Amit Kumar

Q: What to do in case of domestic violence and mental harassment of wife?

hello sir, mujhe aapse puchhna h apni sister k bare m, uski Sadi ko 2 years hue h Sadi k 20 days Baad hi uske in-laws ne use Ghar se nikaal Diya tha wo apne husband k sath kiraye k ghr m rhti thi fir uske baby hua wo hospital aai uske in-laws b aagye, wha b ldai ki uske pati ne use marna shuru kr dia aur chhod k chla gya wo apni Mummy k ghr aa gai Kuch din Baad gai baby ko lekr to in-laws ne ghr m ni ghusne dia bhga dia ab saff mna krte hai hme ni rkhni sister khti h use whi rhna h, bhut presan hai sir please btaiye Kya krna chaiye plz baby b chhota h plz sir

Advocate Amit Kumar answered
First of all tell your sister to lodged a FIR against her husband and their family members for mental cruelty and physical cruelty. then tell your sister to file an interim maintenance petition.further there are many ways by which your sister can claim for residence of her and her child.for any further detail you may contact me.

Q: Procedure of the mutual divorce

 My brother and sister-in-law filed for a mutual divorce in Feb'17. After the papers were filed, my sister-in-law has not appeared before the court for any date. She gives some or the other excuse but my brother goes to every date and the advocate takes his fees from him for every date Now the advocate says that if she is not coming, we cannot do anything and this application will be considered null and void! This is so unfair, how are the laws so bent towards the female - this I am saying being a girl. I see my brother leave his work and everything and go for all dates to proceed further on the petition and now he is told that it will not be considered at all if she hasn't appeared. Is that the case? Is the advocate taking us for a ride? Can you help and guide me please. What should be our next steps? Thanks!

Advocate Amit Kumar answered
Your advocate not wrong , he will definitely charge for every date. It's a mutual divorce petition, the word mutual itself reflects that there shall be mutual understanding between parties if any of the party is not willing to proceed with mutual divorce then the petition may be dismissed. your brother has another remedy by filing regular divorce petition.

Q: Divorce on ground of mental disorder

We have been married for 8 years. My wife is a schizophrenia patient (mental disorder) for more than 10 years now. She often became violent, abusive and suspicious .she is on medication for the same. No significant improvement has been observed so far though she has been treated with different doctors. For last 1 year we don't live together. Would it be a ground for divorce? kindly advise.

Advocate Amit Kumar answered
Grounds for Divorce in IndiaThe secular mind-set of the Indian judicial system has initiated proclamation of various personal laws based on different religious faiths. Hindus, Christians and Muslims are governed under separate marriage acts and grounds for divorce in India.1. Grounds for Divorce under the Hindu Marriage Act, 1955The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty.Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

Q: Claim of credit note issued by Investors clinic and misused what to do

I had bought property through investors clinic and was issued a credit note which states that post 60% payment to builder payment would be done . I had made all timely payments to the builder and 60% was done in year 2015 . Since then I have being sending mails to investors clinic to make the payment however every time they are giving different types of excuses. They have even ducted TDS in FY 2016 & 2017 . Please guide me what action can be taken against them for recovery of the credit note and mental harassment that I have been enduring since last 2 years during followup

Advocate Amit Kumar answered
Actually it need a proper query in respect of the agreement executed between the parties and then only we can decide what step would be proper as if the agreement states that you have invested your money for commercial purpose then we can file recovery suit in civil court and if it states that you have invested your money for any residential purpose then we can file a consumer complaint to recover your money. For further details you have to meet me along with your documents.

Q: What is legal remedy against Cheque Bounce

I had promised to give a loan to my cousin; and issued a PDC. But due to circumstances i could not acknowledge the cheque and now he is falsely framed me in cheque bounce case and sent me a legal notice. What to do?

Advocate Amit Kumar answered
You shall reply the said legal notice immediately. If he file a case under section 138 NI Act then you have no other option but to contest the same. They will have to show the liability against which you have given the cheque to him, so don't worry hire an Advocate.